Masters v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted, upon a plea of nolo contendere, of unlawfully carrying a weapon. V.T.C.A., Penal Code, Sec. 46.02. The court assessed punishment at a fine of one dollar.

The judgment of conviction was affirmed by the court of appeals. 653 S.W.2d 944 (Tex.App. 3 Dist.1983). We granted discretionary review to consider appellant’s contentions that Sec. 46.02 is violative of Art. 1, Sec. 23 of the Texas Constitution and of the Second Amendment to the Constitution of the United States of America.

We rejected the first of these…